Justice opens the door for the Andalusian Government to pay for the delays in granting dependency | Spain | EUROtoday

The Junta de Andalucía had, and has, six months to answer any request for monetary dependency advantages. 182 days which, nevertheless, have tripled on common till reaching 618. Much greater than the typical in Spain, 330 days. But delays typically go far past any of these measures. In Granada, a girl requested it in 2017. The concession was signed 949 days later. The notification nonetheless took a number of months, so the household discovered 1,057 days after requesting it, or what’s the identical, two years, 10 months and 19 days. These advantages are charged from the time they’re granted and never from the time, if the necessities are met, they’re requested. This delay in granting meant the lack of greater than 30 months of support.

The lady’s household demanded fee from the seventh month and the Andalusian Administration denied it. In the tip, the matter ended up in a contentious administrative court docket that dominated that the Board should evaluate its refusal to reverse the fee and subject a brand new ruling. It is just the start however, says José Ramón Márquez, the household’s lawyer, it might probably pave the way in which for the Administration to be pressured to reply financially for the delay in its selections.

The story of this Granada household, who prefers to stay nameless and converse solely via their lawyer, begins on October 24, 2017. The mom, then in her early 80s, applies for dependency profit. At the tip of April of the next 12 months, six months go with out a response, however it’s on the finish of May 2020 when the Ministry of Equality, Social Policies and Conciliation resolves positively, and it’s in September of that 12 months after they talk it to the household: It takes three and a half months for the household to seek out out. One extra hole that, along with being widespread, solely provides confusion to the deadlines for potential appeals.

The lady obtained the profit from 2020 till her demise in 2022. The notification, her lawyer explains, included “three or four months of payment for the delay but not the 32 that actually took, 26 of them outside the legal deadline to respond. ”. For this cause, even whereas the affected lady was alive, the daughters, remembers Márquez, determined to demand fee of the profit from the second during which the Andalusian Board ought to have resolved. The Administration refused and the lawyer initiated a distinct course of: a property declare in opposition to the Junta de Andalucía for its poor functioning.

This new course of is, in abstract, as José Ramón Márquez explains, a request for the Administration to reply for its poor functioning: “If it had to respond in six months and it takes 32, we put up with the delay in time, but not with the monetary delay. You must pay from the first moment,” he insists. The Board, now alleging that this request was made after the deadline, as soon as once more denied the fee, which at 387.64 euros for 26 months barely exceeds 10,000 euros.

After this second refusal, the household went to the contentious administrative court docket. In her ruling, the choose writes that the Board’s decision, which says that the request arrived after the deadline, concurrently acknowledges “undue delays and the Administration’s duty to repair it.” The choose additionally acknowledges that the Board didn’t have in mind “the extraordinary circumstances of the pandemic, nor the non-business days” and that, subsequently, it isn’t true that the household’s declare was out of time. For this cause, it forces him to return to the matter, go “into the depths and resolve it.”

For the household’s lawyer, the controversy is now whether or not the Board will proceed to confess what it has already accepted, “that it arrived late and must compensate, limiting itself to discussing only the amount or if it decides to fight everything, whether to pay or not.” Technically, the sentence, like all of them, should be carried out in 20 days, which have already handed with out the household having any information.

This newspaper has consulted the matter with a spokesperson for the Ministry of Equality, Social Policies and Conciliation. At this second they’ve the sentence “under analysis”, so they can not advance the which means of the choice. They do keep in mind that this particular request was made “when the PSOE was in the Junta Government, which upon leaving left behind a chaotic and obsolete dependency system.” There have been then, they are saying, greater than 200,000 folks on the ready record with a delay of 1,275 days. Now, 5 years after the PP took over the Andalusian Government, this spokesperson feedback: “We have changed the previous procedure, which required five applications and, with it, many possibilities of error that sent the file to limbo in each problem.” The division explains that they discovered greater than 1,800 information with greater than 1,000 days of ready that now have their profit.

For Martín Durán, president of the Federation of Andalusian Organizations for the Elderly, the ruling acknowledges that “on the one hand, the right of dependency is not extinguished with the death of the person.” “And on the other hand, undue delays by the Administration are finally beginning to be demanded and penalized,” he provides. “The Administration has a responsibility and it must be demanded and it must fulfill it,” he provides.